Do I Have to Notify the Biological Father to Let My Husband Adopt My Son?
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I am wondering if I will have to notify my son’s biological father or have him sign off on anything in order to do so even though he did not sign the birth certificate. |
“I had my son 4 years ago when I was unmarried in the state of California. His biological father refused to sign the birth certificate when he was born however, my son’s last name on his birth certificate is my last name hyphenated with his father’s last name as well. I have since married another man who has taken on the responsibilities of being my son’s father in the absence of his biological father. My husband would like to adopt him and change his last name, so I am wondering if I will have to notify my son’s biological father or have him sign off on anything in order to do so even though he did not sign the birth certificate. ”
Changing a name is a fairly simple process through the probate Court. There are some forms, and plenty of self-help books and articles available.
Adoption is more complicated. It involves terminating one parent’s rights in favor of someone else. More paperwork. Mybe a home visit from a caseworker. Start your reseach soon, or hire an attorney (or exceptionally competent paralegal) to help you.
For both processes, biological father (if known) would need to be served with notice of the proceedings effecting your son. This is true even though he is not on the birth certificate.
Recommended Reading (click on the picture for details):
Does the Biological Father have any Rights if he’s never met his Child or Paid Child Support?
Can a Biological Father Voluntarily Give Up His Parental Rights?
My Fiance wants to Adopt my Child, Do we Need to be Married First?
For more on this subject check out these categories: Family Law, Paternity, Termination of Rights, Adoption
Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.
